Searching Students

[Peters]

Hello. I have a question. New Jersey v. T.L.O stated that school officials do not need a warrant to search a student at school. The Suprem Court said that there only has to be reasonable suspision. I was wondering, say a student goes off campus for lunch. The sudent is not allowed to go off campus because he is only a freshman in high school. The student goes to a place that is known as a area were marijuana is smoked. A school official enters the area and searches the students. It is obious that there is reasonable suspicion because the student broke a school rule when going off campus and the area has much drug use. The question is whether the school official has the right to search students that are not on school grounds.

[Fxston]

I am not familiar with the law in this area, but it sounds like this school official searched a student, you?, off of schools were there was no school sponsored activity. I would have to believe that that is a violation of the student's rights. Have you talked to your parents or police? What was the outcome of this search?

[Peters]

This is not me. I just read a book for one of my courses and then my teacher gave my class situations that were similar to the ones we read about. One of the cases in the book was New Jersey v. T.L.O. The situation I was given delt with a search not on school grounds and T.L.O was on school grounds.

[cdwjava]

I would say that while the school administrator could ASK to search a student off of school grounds, he could not compel such a search. The school official does not have the same authority away from school or a school function.

But! If the administrator were assigned to retrieve a truant student during school hours, a search of the student subsequent to transporting him back to school could well be lawful and appropriate.

It really depends on context and details - as well as state law.

- Carl